McComas case ruled a mistrial

NEW PHILADELPHIA After one day of testimony, Judge Elizabeth Lehigh Thomakos granted a mistrial in the Daniel McComas case.

By Meghan Millea

Times Reporter

By Meghan Millea

Posted Feb. 21, 2013 at 12:01 AM
Updated Feb 21, 2013 at 9:16 PM

By Meghan Millea

Posted Feb. 21, 2013 at 12:01 AM
Updated Feb 21, 2013 at 9:16 PM

NEW PHILADELPHIA After one day of testimony, Judge Elizabeth Lehigh Thomakos granted a mistrial in the Daniel McComas case Thursday.

The 19-year-old Newcomerstown man is charged with raping a girl under the age of 13.

Thomakos’ decision was made after Tuscarawas County Assistant Prosecutor Amanda Miller requested the mistrial because of “an inappropriate credibility issue.”

Miller was referring to a moment during the defense attorney’s cross examination of an investigating officer Wednesday.

Attorney Dan Guinn questioned Newcomerstown Police Officer John Gray as to whether he administered a lie detector test to McComas. He did not.

Lie detector tests are inadmissible in court, which Thomakos pointed out in Wednesday’s proceedings.

Miller argued that Guinn, in bringing up the possibility of a lie detector test, could bias the jury in the defendant’s favor.

“Yesterday (the defense) rang that bell. I can’t unring that bell,” she said. “The jury heard what they heard.”

Guinn argued that he mentioned the possible lie detector test because Gray included in his report that McComas wanted to take a lie detector test.

“If (Miller) had such an issue with it she should have objected as soon as I asked the question,” Guinn said.

Miller said she did make an objection and pursued the matter after reviewing case law that she could present to the judge.

After reviewing the case law, Thomakos agreed with the prosecution.

Guinn said he wasn’t pleased with the prosecution’s motion. “This gives them a chance to fix all their mistakes,” he said.

Miller denied making any mistakes.

On Wednesday, the prosecution called three witnesses including the alleged victim, an Akron Children’s Hospital social worker and Gray.

The girl testified that McComas raped her nearly two years ago while his mother was baby-sitting her. Then 11, she said she was forced to put her hands down his pants and later was taken into his bedroom where he had sex with her.

The prosecution has evidence of McComas’ DNA being found in the girl’s underwear.

The defense said the incident never occurred and instead the underwear belonged to a young woman McComas had sex with earlier that day.

“All I’m going to do is go right back to (the alleged victim’s) testimony and point out the issue with the clothes and the issue with the underwear and everything else,” he said.

A new jury will be selected and the trial will resume Monday.

“We’re going to start over from scratch,” Miller said, saying she couldn’t comment further on the case.